Study On The Main Body's Real Ringht Of Farmland

In recent years, there's much more freely and acceleratly farmland transference in some parts of Rural area .Academic circle have had enthusiastic discussions on this question .This paper takes the farmland as the research object, takes the main body of farmland's real rights as the master line ,and according to the evidence analysis, on the basis of obtaining a large number of relevant data through statistics and investigations,' especially the project of "The west of China's rural land use right: Demonstration analysis about Guangxi ", which Cooperated between Guangxi University and Oslo University, Norway .In pace with the process of economic development in rural area, land becomes increasingly rare, but the production function decides the farmland couldn't be mortgaged or forcible executed, even the real rights of farmland are allowed to join a company or farmland stock .Laws must limit the owners 'right of disposition, limit the administrative right which also can't weakening the real right of farmland .The aim of "collective ownership" make a close and natural relationship between the real right and the membership. Further, guaranteed the main body's real right of farmland must pay attention on some unique questions, like the exception of the principle of party autonomy in transfer contract, special groups' rights, prohibition of violate the minority rights which seemingly legitimate.